Gun Dealer Primed to Open in Ludington's Fourth Ward

[XLFD]

On October 7, 2014, Matt Harvey appeared before the regularly scheduled meeting of the Ludington Planning Commission (LPC) in order to get permission for a special land use in order to obtain a federal firearms license for the sale of firearms out of his private residence of 601 Second Street.  After a fair amount of questions were asked and some reservations were made known by some of the LPC members, the permit was granted.

With the approval, Mr. Harvey now only needs to get what sounds to be mostly administrative tasks with Federal and/or State authorities before our city has an alternative outlet to the firearms offered at the big box stores just out of town (Wal-Mart, Dunham's, and Meijers).  Once Mr. Harvey's operation gets underway, we hope to supply extra information about their wares and provide links ,if any, to those who might be interested in keeping your next gun purchase local. 

Harvey (pictured left) will be conducting his business in a small 100 sq. foot room in his basement with an additional locked room where he would keep his inventory.  He would be using word-of-mouth to advertise most of his business.  He won't have a retail business per se, rather he will talk with prospective customers through the phone first. 

An FBI/ Bureau of Alcohol, Tobacco and Firearms (BATF) check will be conducted on prospective buyers before any sale is made.  No significant amount of gunpowder or ammunition will be kept on-site, and buyers of handguns will need appropriate permitting by their local authorities if needed.

He has no current internet website, but suggested he may make some contacts through the medium and may conduct some sales through E-Bay of accessories.  Any face-to=face business conducted at his house would be done between the hours of 8 Am and 8 PM Monday through Saturday by appointment. 

Three of Mr. Harvey's neighbors got up at the meeting without any strong objections, but questions as to the process and matters of recourse if something went bad.  Two LPC Commissioners Joe Moloney (most remembered for his unethical representing a 'private group' requesting a change to a park use in front of the council while he was serving on the LPC, this private group later disbanded, leaving the new park operation to the City) and Kathy Winczewski (aka City Councilor Winczewski) wanted to table the concern for another meeting, and wound up voting against approval. 

Winczewski even adding that some extra regulations should be placed on such a business, some which seemed to go beyond the LPC's authority.  They seemed a bit ill at ease with the establishment, perhaps belying their progressive/liberal prejudices against such businesses. 

Commissioner Roger Starr spoke most forcefully for the majority of six that would vote for approval, suggesting such pause would not be necessary for the zoning permit, without any belaboring questions.  Surprisingly, City Manager John Shay (an ex-officio, non-voting member of the LPC) added that as long as the eight standards were met, there should be nothing standing in the way of recommending the permit be approved.

If you are interested in the full exchange between Mr. Harvey and the LPC, we include the 2014 October 7 Lud PC Meeting minutes and the video of the proceedings.  The action gets under way just after the meeting comes to order.

October 9, 2014 Ludington Planning Commission from Mason County District Library on Vimeo.

[stump]

A perspective buyer of a firearm probably would be safer buying from Mr. Harvey than buying a BB gun from Wal-Mart. It is interesting that they would approve this kind of business in a residential area. But, If the neighbors are OK with it , I hope it works out for him.

[XLFD]

The Ludington Zoning Code does allow for a "Home Occupation " as a Special land use in section 400:1:4.  As depicted, and without strong objection, it was passed and will not likely make the intersection of Second and Lincoln Streets look any less deader than it is now. 

That is, after the first few times during the summer when the neighbors call in some kids with water pistols and air rifles and we get a full-blown tactical response from the LPD, the MCSO, and the satellite office of the MSP (at the PM Fire Department), all roughly equidistant from Mr. Harvey's house. 

Harvey is fairly new to that area, so I bet that the neighborhood will be watching him closely.

[Willy]

X. I clicked o the "Home Occupation" link you posted which describes a "special land use" and I found it to be concise and clear and well written. Then I thought, why is this code section so clear and understandable? At the same time I glanced up and noticed it was a code section from Atlantic City NJ. Question answered. It wasn't from Ludington's code. When comparing codes from other cities I find Ludington's difficult to wade through and it seems to be written in an amateurish way. I wonder how many others find Ludington's codes a barrier to complying with code requirements?

I also wonder why the Council granted this "Home Occupation" land use because the Council has almost always acted against the rights of it's citizens. I can understand having a "gunsmith" shop in home but selling firearms from a home doesn't seem to fit and we all know his house will be a target for thieves and break-in's. 

[XLFD]

 Ludington's codes do sometimes leave it to the imagination, so that some unscrupulous attorney firm can come in and start interpreting the code and charter away from its obvious meaning.  Here I point to the recent flap about whether the Fourth Ward seat should have been on the ballot this fall, with the charter saying it should have been done at the next 'regular election' and our law firm from Manistee and Grand Rapids telling us that it really meant to say the next 'city regular election'. 

Such blatant misreads of the words and intents of this city charter coupled with the pitiful seven proposed amendments to the charter clearly meant to reduce the rights of Ludington citizens and expand the powers of elected and unelected officials shows that our current officials are worthy of scorn.

At risk to my own sanity, I went further into the zoning code of Ludington and found section 900:3:6 which gives eight guidelines for what a home occupation must follow, the eight referred to by Shay and others.  If the LPC formally denied it (on some other ground rather than taking more time to review it), Mr. Harvey could rightfully object to being singled out, because his use as described would satisfy the current defining parameters.

[AQUAMAN]

Let's see now: 100 square feet is like a space of 10''X10', and in a basement where no one can see inside without going inside. Mr. Harvey is new to the area, and has no means or occupation? Or is this just a sideline from his regular job? Then we get to zoning: single-home residential seldom affords a business at the residence. If Mr. Harvey wants to be in the gun business so badly, why doesn't he take out a lease or rental on one of the many many empty business buildings downtown? If he wants to create commerce, why doesn't he have to follow the same rules as other people wanting to be in business? Ante up the dollars and take a gamble just like the rest of us business owners. I guess I really don't see where this business idea is good, or beneficial to our area. Furthermore, I really don't see how on earth he expects to compete with any box stores, unless he is going to specialize in some weaponry that the others don't carry. All in all, I'd like to know what his 3 year plan is, if in fact he has one. I'd also like to know why Shay is involved here, as he has no LPC credentials, or this some buddy of his, or his clan? Something doesn't mesh right here imho.

[shinblind]

I am willing to give Mr. Harvey the benefit of the doubt Aquaman. Years ago, hell decades ago I bought a rifle from a guy's garage in Clare. Later he expanded into an abandon neighborhood grocery. Later still he became Jay's Sporting Goods. He remembered me from that early purchase and always took time to talk. 

Sometimes people only have a dream and are under capitalized but they have the drive to see where it takes them.  

I wish the best to luck to Mr. Harvey.

[AQUAMAN]

With all due respect shin, I can't give any unknown outsider wanting to start any business in a 100 sq. ft. space any benefit of any doubt. There are no garages that small, let alone any sport shop. Plus, I don't see where he's explained his desires to the community in any detail. Maybe he wants to use that space as a legal excuse to store an arsenal of his private guns and ammo? Like a survivalist or soldier of fortune is what comes to mind. That would make more sense than what is proposed now. As it stands now, not nearly enough info. is available, and to compare to Jay's Sporting Goods, well, that's a very long stretch imho. Mr. Harvey, lay ALL your cards on the table, you're actions are very suspicious to say the least.